FAQ

Below are answers to frequently asked questions in the legal practice areas of family law, criminal defense, and estate planning. Call (952) 888-9304 to speak with an experienced Minneapolis attorney and learn more about how Flakne Law can help you with the legal issues you face. 


 

Family Law FAQs

 

What does family law include?

Family law covers all kinds of disputes and settlements that may arise in a family situation. Divorce brings about a series of other legal matters, including alimony and property division, and becomes even more complicated when children are involved. Child custody, child support and visitation must all be addressed legally by the courts. When dealing with family matters, choose a lawyer with experience. Flakne Law has been helping families in Minnesota since 1924, so we’re more than familiar with all aspects of family law.

What is involved in the divorce process?

To file for divorce in Minnesota, you or your spouse must have lived in the state for at least 180 days before you’re allowed to file. There is much paperwork involved, and deadlines must be met every step of the way. Some of the forms you may need to submit are a summons and petition, a written answer by the spouse who was served, motions and court orders, and a divorce decree. Contact a lawyer to ensure you have all the proper documentation in place before you file.

Who is granted custody of children involved in a divorce?

Many factors contribute to the legal decision of who is granted custody of children. In Minnesota, the courts often try to award joint custody to both parents, but in some cases one parent may receive sole custody. Every situation is different, and custody arrangements may even differ for each child in a family.

I’m not happy with the terms of my child custody, visitation and child support orders. Can I do anything about this?

Yes. In Minnesota, if a parent is unhappy with the rules set within an order for child support, he or she may file a Motion for Review to try and amend or change the terms of the order. Note that the Motion must be filed with the court and served to other parties within 20 days of when the Notice for Entry was filed. If you choose to appeal, be aware that the appellate process is very strict and often unforgiving, so it’s crucial you hire a family law attorney if you’re planning to take this route. A Notice of Appeal must be filed within 60 days of the Notice for Entry.


 

Criminal Defense FAQs

 

What should I do if I’ve been arrested?

First of all, don’t say anything to anyone! Your right to remain silent is a right for good reason, so use it. When officers say anything can and will be used against you in court, they aren’t lying. If you’ve been arrested, you need to call a lawyer right away. Regardless of the reason for your arrest or the charges you might be facing, you’ll only benefit from having a skilled and seasoned criminal defense lawyer on your side to fight for your rights. If you’ve found yourself in a dire situation, call us! Flakne Law has been defending criminal cases since 1924, and we can defend yours too.

But I’m innocent! Do I still need a criminal defense lawyer?

Yes! This world isn’t perfect, and unfortunately our justice system isn’t either. Innocent people are wrongly accused and convicted way too often, sometimes facing years in prison for a simple misunderstanding. Sometimes it’s a case of “wrong place, wrong time.” Other times it’s a matter of circumstance. Either way, if you’ve been wrongfully arrested you want to do all you can to preserve and prove your innocence. No one wants to be punished for a crime they didn’t commit.

What is bail? Is bail money returned after someone is bailed out?

The purpose of bail money is a sort of safeguard to ensure the accused will return to court to have the bail returned. When a person is arrested, a monetary bail amount is set based on the reason for the arrest. Once the bail is paid, the defendant is released until the set trial date. If the defendant appears in court when they’re supposed to, the judge generally issues an order for the return of the bail. So as long as the person cooperates with the courts, he or she should get the bail money back at some point.


 

Estate Planning FAQs

 

Why is it important to have an estate plan?

Life isn’t perfect. The unexpected is going to happen, and you want to be legally prepared for whatever may come up. Things you may have not even considered are important to address, such as who will make decisions for you if you become incapacitated, or who will care for your children if you are unable to. Preparing a will is one of the most important steps you should take in life.

Why should I hire a lawyer to write my estate plan?

Your will is going to be the last legal rights you have following your death, and you want to ensure everything will be taken care of exactly according to your wishes. Wills and estate plans must meet specific requirements to be considered valid by the government. By hiring an attorney fluent in these matters, you are safeguarding your property for the future.

What is the difference between a will and a trust?

Both wills and trusts are estate planning tools. The biggest difference between the two is that wills only go into effect after a person’s death, while trusts are effective the moment they are created. Only property that is in the name of the deceased at the time of his or her death is covered in a will; it does not cover property held in joint tenancy. A trust may name more than one beneficiary, or “trustee,” to the items listed, and trustees are granted power over the specific listed items once the trust has been established.

We know you probably still have questions. The lawyers at Flakne law are well-versed in all areas of family law, estate planning and criminal defense, and we want to help you educate yourself. Give us a call at (952) 888-9304 to set up an appointment today. We are here to help!

Flakne Law

Flakne Law